Health Insurance and the Human Rights Question in Nigeria

Abstract The provision of viable health insurance is inextricably linked to the provision of the human right to health. While Nigeria’s journey toward universal health coverage began with the 2005 insurance scheme, the National Health Insurance Authority (NHIA) Act 2022 fundamentally changed the status quo by making insurance mandatory. Despite this, coverage remains abysmally low. This study analyses the intersection of human rights and health insurance, arguing that Nigeria’s crisis stems not from legislative insufficiency but from a systemic failure to operationalize existing frameworks. By engaging with the justiciability of health under the African Charter and the National Health Act 2014, the study finds that the barrier to health rights is an implementation gap fuelled by institutional dysfunction and fiscal negligence. It recommends prioritizing the enforcement of the NHIA Act and strategic funding of the Basic Healthcare Provision Fund, as opposed to the agitation of further constitutional reforms.